Monthly Archives: August 2018

Trump vs. the Fed: what legal recourse?

by Peter Conti-Brown — Tuesday, Aug. 21, 2018

In the summer of 2016, I wrote in Fortune that then-candidate Trump was “the single-biggest challenge to [Fed independence] in recent memory,” and that his challenge was transparent: “this wolf comes as a wolf,” I wrote, invoking Justice Scalia. The reason is simple: Trump cannot abide separate centers of power, and he relishes tearing down […]

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Eliminating Conflicts of Interests in Banks: The Significance of the Volcker Rule, by S. Burcu Avci, Cindy A. Schipani, and H. Nejat Seyhun

by Guest Blogger — Tuesday, Aug. 21, 2018

Does the government have a legal right to tell the banks what they can and cannot do with their own money? The Volcker Rule tries to do just that: banks are not allowed to engage in proprietary trading with their own capital. In this blog, we demonstrate an important justification for the Volcker Rule. Banks […]

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Administrative Law SSRN Reading List, July 2018 Edition

by Chris Walker — Monday, Aug. 20, 2018@chris_j_walker

Here is the July 2018 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. With the start of the new school year (and some other personal and professional obligations this month), I haven’t been able to give these papers […]

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Call for (Admin Law) Papers: Fourth Annual Law & Corpus Linguistics Conference

by Aaron Nielson — Friday, Aug. 17, 2018@Aaron_L_Nielson

A colleague asked me to post this because they are particularly interested in administrative law papers: Deadline: October 10, 2018 Event Date: February 7-9, 2019 Location: Brigham Young University, Provo, UT Organization: Brigham Young University Contact: James Heilpern, heilpernj@law.byu.edu BYU Law School is pleased to announce the Fourth Annual Law & Corpus Linguistics Conference, to […]

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D.C. Circuit Review – Reviewed: Should There Be A Year Four?

by Aaron Nielson — Friday, Aug. 17, 2018@Aaron_L_Nielson

I started writing D.C. Circuit Review–Reviewed in August of 2015. Each August since, I have asked myself whether it is worthwhile to keep going for another year. So far, my answer has always been, “Sure, why not?” But this year I’m wavering. There are downsides to these posts; they take a lot time, especially during […]

SCOTUSblog: Judge Kavanaugh and Justiciability

by Aaron Nielson — Tuesday, Aug. 14, 2018@Aaron_L_Nielson

A couple of weeks ago at Notice & Comment, Chris Walker flagged his post at SCOTUSblog on Judge Kavanaugh’s approach to administrative law. Today, I have a post over there entitled Judge Kavanaugh and Justiciability. Here is how it begins: The U.S. Court of Appeals for the District of Columbia Circuit is an unusual court. […]

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Trump’s Sabotage of Obamacare Is Illegal

by Nicholas Bagley — Tuesday, Aug. 14, 2018

So runs the headline of an op-ed that I co-authored with Abbe Gluck of Yale Law School in the New York Times. Here’s an excerpt: Never in modern American history has a president so transparently aimed to destroy a piece of major legislation. What makes Mr. Trump’s sabotage especially undemocratic is that Congress has repeatedly […]

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Citizenship and the Census: State of New York v. U.S. Department of Commerce (Round One)(Part III)

by Bernard Bell — Tuesday, Aug. 14, 2018

This is my third post of four posts regarding Secretary of Commerce Wilbur Ross’ March 26, 2018 decision to add a citizenship question to the 2020 decennial census form.  The first post (here) discussed the disposition of the government’s motion to dismiss two suits challenging the decision.  The second post (here) took Secretary Ross’ reasons […]

Reasonable Patent Exhaustion, by Herbert Hovenkamp

by Guest Blogger — Saturday, Aug. 11, 2018

A lengthy tug of war between the Supreme Court and the Federal Circuit Court of Appeals may have ended with Impression Products v. Lexmark (2017). The Supreme Court held that the sale of a patented thing exhausts the patentee seller’s rights to enforce restrictions on that thing through patent infringement suits. Further, the parties cannot […]

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